Parties can mutually agree to settle disputes regarding partition, and such agreements, if made voluntarily, are binding under Order XXIII, Rule 3 of the CPC.

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This appeal is filed challenging the judgment and decree dated 23-8-2017 passed in Original Suit No.8003 of 2014 on the file of the XXXVIII Additional City Civil Judge, Bengaluru, whereby the suit of the plaintiff/respondent herein was decreed.

2. Sri K. Bhanu Prasad, learned counsel for the appellant, Sri K.H. Somashekara, learned counsel for the respondent, Sri N.B. Manjukrishna, appellant/defendant, and Smt. N.B. Triveni, respondent/plaintiff, are physically present before the Court.

3. In this appeal, the learned counsel for the appellant has filed a compromise petition, along with the sketch/plan, under Order XXIII, Rule 3 of the Code of Civil Procedure, 1908 , stating that the appellant and the respondent have arrived at a settlement, which reads as under:

"THE APPELLANT AND THE RESPONDENT FILES THE FOLLOWING JOINT COMPROMISE UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE AS HEREUNDER:

At the intervention of the well-wishers of both parties, the subject matter involved in the above Appeal has been amicably settled between parties in terms of the Compromise as stated hereunder:

1. The Respondent/Plaintiff has filed the suit in O.S.No.8003/2014 as against the Appellant/Defendant seeking for Partition and separate possession claiming her legitimate half share in the suit schedule properties and whereas the Hon'ble Trial Court was pleased to Decree the suit of the Plaintiff vide Judgment and Decree dated 23.08.2017 passed by the learned XXXVIII Addl. City Civil & Sessions Judge, at Bangalore City (CCH-39) holding that the Plaintiff is entitled to 1/2 share in Item No.1 & 2 of the Plaint Schedule of Properties.

2. The Parties to the Compromise concede and agree that the suit schedule Item No.1 of the Plaint Schedule i.e., the property bearing No.97/1, New No.279, situate at Wheeler Road, Cooke Town, Bangalore-560005, measuring East to West 38 feet 06 inches and North to South 66 feet 09 inches together with residential building thereon consisting of Ground, First Floor and portion of the Second Floor.

3. Similarly the parties to the compromise concede and agree that the suit schedule Item No.2 of the Plaint Schedule i.e., the property bearing No.97/1, New No.279, situate at Wheeler Road, Cooke Town, Bangalore-560005 measures East to West 35 feet and North to South 24 feet 3 inches together with Non- residential Commercial Building consisting of Ground + Three Upper Floors.

4. The parties to the Compromise concede and agree that the suit schedule Item No.2 which is the commercial building consisting of Ground + Three Upper Floors bearing property No.97/1, New No.279 situate at Wheeler Road, Cooke Town, Bangalore- 560005 measuring East to West 35 feet and North to South 25 Feet in all measuring 875 Square feet is allotted to the share of the Appellant/Defendant which is more fully described as Item No.1 of the 'A' Schedule of Properties in the Schedule to the Compromise and accordingly the Appellant/Defendant is put in separate possession and enjoyment of the same.

5. The parties to the Compromise concede and agree that a portion of suit Schedule Item No.1 of the Plaint schedule that is the Residential building consisting of Ground, First and portion of Second Floor bearing property No.97/1, New No.279 situate at Wheeler Road, Cooke Town, Bangalore-560005 measuring East to West 40 feet and North to South 24 feet and 04 inches in all measuring 976 Square feet is also allotted to the share of the Appellant/Defendant which is more fully described as Item No.2 of the 'A' Schedule of Properties in the Schedule to the Compromise and the Appellant/Defendant is put in separate possession and enjoyment of the same.

6. The parties to the Compromise concede and agree that a portion of suit schedule Item No.1 that is the Residential Vacant site together with Two shops lying within the property bearing No.97/1, New No.279 situate at Wheeler Road, Cooke Town, Bangalore- 560005 measuring Eas